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grant by a prorated amount as of each calendar year of the <br />incentive. <br />(3) If any Existing Jobs or New Jobs are eliminated or cease to <br />exist prior to Closeout and after any grant payment by the <br />COUNTY, then the COUNTY shall reduce the total <br />incentive grant by a prorated amount based off the <br />percentage of original Existing Jobs (390) plus any New <br />Jobs according to Exhibit A versus actual jobs. <br />b. If at any time during the Grant period the COMPANY substantially ceases <br />operations at the Project, the COUNTY shall not be obligated to pay to the <br />COMPANY any further grant funds <br />C. If at any time during the Grant period the COMPANY fails to retain one <br />hundred percent of the Existing Jobs as set forth in Paragraph 5(b) herein, <br />the COMPANY will be in default of this agreement and the COUNTY shall <br />not be obligated to pay to the COMPANY any further grant funds and the <br />COMPANY shall be obligated to repay funds already paid to the <br />COMPANY by the COUNTY. If the COMPANY falls below the Existing <br />Jobs as set forth in Paragraph 5(b) due to employee(s) voluntarily vacating <br />their position(s), then the COMPANY will not be considered in default of <br />this agreement provided the COMPANY can show they are taking <br />reasonable steps to fill the vacated position(s). <br />8. TERMINATION <br />a. This agreement shall terminate and the COMPANY shall be in breach for <br />the following reasons as determined by the COUNTY, including, but not <br />limited to the following: <br />(1) Failure to pay taxes; <br />(2) Failure to comply with the terms and conditions of this <br />Agreement; <br />(3) Submission of incorrect or incomplete reports to the <br />COUNTY in any material respects; or <br />(4) Failure to make satisfactory progress towards making the <br />cumulative investment in the property as of each calendar <br />year according to Exhibit B, without requesting an extension <br />of time and agreed upon by the COUNTY in writing, the <br />determination of whether satisfactory progress has been <br />made will be in the sole discretion of the COUNTY. <br />